WSR 15-09-075
[Filed April 15, 2015, 4:42 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-05-073.
Title of Rule and Other Identifying Information: Dairy products commission, chapter 142-30 WAC, Assessment on milk; WAC 142-30-010.
Hearing Location(s): Washington State Dairy Center, 4201 198th Street S.W., Suite 101, Lynnwood, WA 98036, on May 26, 2015, 11:00 a.m.; and at the Washington State Department of Agriculture Building, 21 North First Avenue, Room 238, Yakima, WA 98902, on May 27, 2015, at 11:00 a.m.
Date of Intended Adoption: June 25, 2015.
Submit Written Comments to: Kelly Frost, P.O. Box 42560, Olympia, WA 98504, e-mail, fax (360) 902-2092, by 5:00 p.m., May 27, 2015.
Assistance for Persons with Disabilities: Contact the Washington department of agriculture receptionist by calling TTY 1-800-833-6388 or 711 no later than May 11, 2015.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this rule amendment is to decrease the amount of the maximum authorized assessment rate on milk produced in Washington state by .01 (one cent) per hundredweight.
Reasons Supporting Proposal: The Washington State Dairy Federation petitioned the Washington state dairy products commission (DPC) to begin the rule-making process to consider a reduction in the milk assessment rate set in WAC 142-30-010. The DPC conducted education-information gathering sessions around the state with stakeholders consisting primarily of dairy farmers responsible for paying assessments. The feedback given by stakeholders at those informational meetings supported the reduction of the assessment rate by $.01 (one cent) per hundredweight.
Statutory Authority for Adoption: Chapter 34.05 RCW; RCW 15.44.080, 15.44.130.
Statute Being Implemented: RCW 15.44.080.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DPC, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Janet C. Leister, 4201 198th Street S.W., Suite 101, Lynnwood, WA 98036, (425) 672-0687; and Enforcement: Celeste Piette, 4201 198th Street S.W., Suite 101, Lynnwood, WA 98036, (425) 672-0687.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule does not impose any new costs on any small business that is required to pay assessments under WAC 142-30-010. The only change affected by the proposed rule is to reduce the assessment amount under WAC 142-30-010 (2)(b) and (3) by .01 (one cent) from the current rates of .00625 (five-eights of one cent) per hundredweight and .00375 (three-eights of one cent) per hundredweight. The existing reporting and collecting obligations are not changed by this amendment. To the extent that the assessment can be considered a "cost" under chapter 19.85 RCW, the proposed rule amendment would reduce rather than increase costs for small businesses.
A cost-benefit analysis is not required under RCW 34.05.328. DPC is not a listed agency in RCW 34.05.328 (5)(a)(i).
April 15, 2015
Janet C. Leister
General Manager
AMENDATORY SECTION (Amending WSR 07-23-095, filed 11/20/07, effective 1/1/08)
WAC 142-30-010 ((Declaration of purpose—Effective date.)) Assessment on milk produced in the state.
To effectuate the purposes of chapter 15.44 RCW there is hereby levied upon all milk produced in this state an assessment of:
(1) 0.75 percent of the Class I price for 3.5% butterfat milk, as established in any market area by a market order in effect in that area or by the state department of agriculture in case there is no market order for that area; or
(2) While the Federal Dairy and Tobacco Adjustment Act of 1983, Title I, Subtitle B-Dairy Promotion Program, is in effect: (((a))) An assessment rate not to exceed the rate approved at the most recent referendum that would achieve a ten cent per hundredweight credit to local, state or regional promotion organizations provided by Title I, Subtitle B of the Federal Dairy and Tobacco Adjustment Act of 1983((; and
(b) An additional assessment of .00625 (five-eights of one cent) per hundredweight; and
(3) An additional assessment of .00375 (three-eights of one cent) per hundredweight as allowed under RCW 15.44.080(2) and the referendum dated March 24, 1983)).